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Min 08/06/2013CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 6, 2013 Item 1 - Call To Order The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Glenn Barham - Mayor Michael Smith - Councilors Ben Hoover Annetta Dotson - Brian Hooker - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Renae Benham - Acting City Clerk Mayor Barham called the meeting to order. Item 2a - Invocation Deacon Larry Bills of Our Lady Queen of Peace gave the invocation. Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. Items 3a -3d - Presentations Mayor Barham recognized Ms. Sharon Jackson, Police Department, as Employee of the Month for August, 2013. Mayor Barham presented Ms. Jackson with a plaque, a letter of appreciation, restaurant tickets and a check. Mayor Barham proclaimed August 12 -16, 2013 as "Health Center Week" in Wichita Falls. Brett Moyer from the Community Health Care Center accepted the proclamation. Mayor Barham proclaimed August 6, 2013 as "Big Brothers Big Sisters Mentoring Awareness Day" in Wichita Falls. Kern Hogue and Lindsey Forst, representatives from the Big Brothers Big Sisters Organization, accepted the proclamation. Mayor Barham proclaimed August 11, 2013 as "Underground Damage Prevention Day" in Wichita Falls. Randy West, District Director for Atmos Energy, accepted the proclamation. Item 4 - Comments From The Public To Members Of The City Council Concerning Items That Are Not On the City Council Agenda. Mike Kasper, 3002 Cumberland Avenue, addressed the Council with his concern about the drug houses within Wichita Falls. He stated that since establishing the Neighborhood Watch program they have assisted City and County law enforcement in shutting down 14 -15 drug houses in their area and appreciates their efforts. Mr. Kasper added that a long -time drug house is still in their area and has CITY COUNCIL MINUTES PAGE 1 OF 10 been for 10 years and he would like a more concerted effort to get rid of it. The Mayor advised Mr. Kasper to meet with Chief Borrego regarding this issue. Annie L. Adams, 9 McNabb Circle, expressed concern about completion of improvements to Reilly Road in regard to pedestrian safety. Ms. Adams stated that a growth in housing and shopping locations in and around the Reilly Road area has created a substantial increase in traffic on Reilly Road which is very narrow. She added that to walk on Reilly Road it is necessary to walk on the side of the road itself or in people's yards in order for vehicles to pass, which includes the children that walk to John G. Tower Elementary School. There is no sidewalk and when school is in session, there is considerable congestion with buses and parents taking the children to school. She noted that some completion of improvements had been done but states it is necessary that construction of the improvements be completed. The road needs to be widened and sidewalks completed for the safety of everyone that uses it. John Burrus, Director of Aviation, Traffic & Transportation, stated that this has been an ongoing problem and said that a portion of the street improvements had been done with federal funds that had been provided. Mr. Burrus said he wou�d follow up to see what the project covered and if any funding is left over, and look into working with TXDOT to see if more sidewalks could be added. Several persons had signed up to speak, noting on the sign -in sheet that they were here to address the Council regarding certain hazardous structures. These persons spoke after the public hearing on hazardous structures, Item 8a. Item 5 - Approval Of Minutes Of The July 16, 2013 Regular Meeting Of The Mayor And City Council Minutes of the July 16, 2013 City Council Meeting were approved as distributed. Items 6a -7d - Consent Agenda City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Hoover that the Consent Agenda be approved. Motion seconded by Councilor Hooker and carried by the by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 6a - Council Bill #120 RESOLUTION NO. 80 -2013 Resolution Authorizing The Purchase Of A Case Loader Backhoe From Construction Agricultural Supply Company Through The Houston - Galveston Area Council Cooperative Purchasing Program In The Amount Of $73,193.00. Item 6b - Council Bill #121 RESOLUTION NO. 81 -2013 Resolution Awarding The Bid For The City's Estimated Annual Requirement Of Automotive Lubricating Oils And Grease To Western Marketing, Inc., In The Amount Of $141,080.00 Item 7a -7d - Receive Minutes Minutes of the following boards and commissions were received. (a) Wichita Falls MPO Technical Advisory Committee, April 3, 2013 (b) Transportation Policy Committee Meeting MPO, April 17, 2013 (c) Planning & Zoning Commission, May 8, 2013 (d) Planning & Zoning Commission, June 12, 2013 CITY COUNCIL MINUTES PAGE 2 OF 10 Item 8a - Public Hearing A public hearing was held to determine if certain buildings and /or structures are to be considered dangerous. The Mayor declared the public hearing open at 8:52 a.m. Rita Miller, Code Enforcement Supervisor, informed that twelve structures are being presented for demolition and that due process notices were prepared and mailed to property owners subject to this action. Property owners would be allowed thirty days to demolish their own structure if Council finds the structure as being hazardous. Ms. Miller presented detailed information on the twelve hazardous structures. Home owners or representatives that spoke are noted as follows. Item 1. 207 Fillmore, Owner: Harriett Francis, 1911 Bailey Road, Wichita Falls, Texas Marshall Tharasher, 1911 Bailey Road, stated he has entered into an agreement to sell the property. He further stated that the person purchasing the property intends to rehabilitate it. The Mayor advised Mr. Tharasher to inform Code Enforcement of the new owner's name and contact information so the new owner can be made aware of the status of the property. The Mayor recommended 30 days to pull the permit and 90 additional days to perform substantial rehabilitation. Item 2. 612 Fort Worth, Owner: Isabell Manning c/o Charles R. Manning Item 3. 600 Juarez, Owner: Maude Leffal Jefferson Item 4. 2002 Kemp (secondary living quarters and accessory structure only), Owner: Shelba King Davis Item 5. 614 Lake, Owner: Betty Williams Item 6. 2715 Lebanon, Owner: Jesse J. Minnick Item 7. 1911 Lucile (accessory structure only), Owner: Ralph Rodriguez Property owner contacted Code Enforcement and advised that they are going to be pulling a demolition permit within the next 30 days. Item 8. 715 MLK, Jr, Owner: Billie Sue Brown Bobby Teague stated that he has spoken to the owner and she requested the city demolish this structure. Item 9. 422 Tulsa, Owner: Margaret Benton, 1613 Elizabeth, Wichita Falls, Texas Margaret Benton, 1613 Elizabeth, stated she inherited the property from her mother in 2008 and had been unaware of the prior notices sent to her mother. The Mayor asked Mrs. Benton what her intentions were for the property, and she confirmed that she and her husband have no use for the property. The Mayor asked Mr. and Mrs. Benton if they have any intention to rehabilitate the structure to which they responded that they do not. The Mayor inquired if Mr. and Mrs. Benton have any issue with the City demolishing the structure. Their only concern would be the cost involved since they cannot afford to have a demolition crew come in and tear it down. The Mayor informed Mr. and Mrs. Benton that the City would demolish the structure but a lien would be placed on the property and if the property is sold the lien would have to be taken care of at the closing of the sale. Mr. Benton asked if a lien on the property would affect their credit. The Mayor suggested they confer with Bobby Teague, Building and Code Administrator, and resume Council discussions afterwards with their decision regarding the property. Item 10. 423 Woods, Owner: Filogonio Vargas Torres etal Item 11. 1420 25t`' Street, Owner: Aurelio Castillo Ochoa etux Rebeca C., 1233 Bandera, Wichita Falls, Texas Rebeca Castillo, 1233 Bandera, spoke for her father, Aurelio Castillo. Mr. Castillo purchased the home through an owner finance agreement. Upon paying the note in full, a disagreement arose with the seller who requested additional money for the property. Mr. Castillo had to pursue legal recourse to settle the dispute and was awarded the home by the Court. He did not receive the deed to the home for another couple of years. Shortly after the property was deeded to him he received a letter from the City stating that back taxes in the approximate amount of $7,500.00 were owed on the property, which he paid. The house was damaged by a fire that occurred about one month later. CITY COUNCIL MINUTES PAGE 3 OF 10 Mr. Castillo's intention is to rehabilitate the home, but has not had the financial resources and would like more time to complete rehabilitation. The Mayor asked Mr. Castillo if he considers the house to be restorable in that the pictures indicate the damage to be extensive. Mr. Castillo stated that most of the damage is in the kitchen and his intention is to eliminate the kitchen area and make the house smaller. The Mayor recommended 30 days to pull the permit and 90 additional days to perform substantial rehabilitation. Item 12. 1225 32nd Street, Owner: Russell L. Philpot, c/o Erika Brumley The Mayor called for additional comments. There being none, the Mayor declared the public hearing closed at 9:10 a.m. Item 8b - Council Bill #122 ORDINANCE NO. 39 -2013 Ordinance Finding Certain Buildings And /Or Structures To Be Dangerous; Requiring Property Owners to Demolish Said Building And /Or Structures Within 30 Days of the Date of This Ordinance; And Declaring An Emergency and Immediate Effective Date Moved by Councilor Dotson that Ordinance No. 39 -2013 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Moved by Mayor Barham that Ordinance No. 39 -2013 be passed with the following amendments: Item 1. 207 Fillmore - Allowed 30 days to obtain a restoration permit and 90 days to show substantial completion. Item 11. 1420 25th Street- Allowed 30 days to obtain a restoration permit and 90 days to show substantial completion. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None The Mayor initially moved to table the vote on the amendment to Ordinance No. 39 -2013 until Bobby Teague completed discussion with Mr. and Mrs. Benton regarding the property located at 422 Tulsa. The motion to table the vote on the amendment to Ordinance No. 39 -2013 was seconded by Councilor Smith; Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward. During the City Manager's presentation of Item 9a, Mr. Teague and Mr. and Mrs. Benton re- entered Council Chambers and the Mayor announced that the aforementioned tabled vote was re- opened. Mr. Teague announced that the City would proceed with demolition and place a lien on the property at 422 Tulsa. The Mayor announced that the vote was taken on the original amendment to include 207 Fillmore and 1420 25th Street given the property owners 30 days to pull permits and 90 days for substantial completion of the projects and the vote had been seconded. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None The Mayor announced that there was a motion and second on the original amendment as amended. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None CITY COUNCIL MINUTES PAGE 4 OF 10 Item 9a - Public Hearing A public hearing was held for the FY 2013 Transit Grant For Capital, Planning And Operating Assistance for the Wichita Falls Transit System. The Mayor declared the public hearing open at 9:14 a.m. John Burrus, Aviation, Traffic, and Transportation Department Director, addressed the Council and stated there is usually a one year delay between the Fiscal Year Grant and the Federal Transit Administration Grant. Subsequently that is why funds were able to be carried over to do all the travel center work that has been done. Mr. Burrus added that key items to note about the FY 2013 Federal Transit Grants and TXDOT Grants are that there is approximately $200,000.00 more in funding than in years past. This is also the first time all Grant funding is being used. The balance will be applied to the Travel Center. And most importantly, money was borrowed from 4A, 413, and the General Fund to proceed forward with this project and a three year payoff was projected. If the funding continues as identified in Fiscal Year 2013, that should be paid off in two years as opposed to three years. Mr. Burrus added that no General Fund dollars would be used. The Mayor called for comments from Council. There being none, the Mayor called for additional public comments. There being none, the Mayor declared the public hearing closed at 9:16 a.m. Item 9b - Council Bill #123 ORDINANCE NO. 40 -2013 Ordinance Appropriating $1,561,861 In Federal Funds And $317,590 In State Funds For The FY 2013 Section 5307 Transit System And Authorizing The City Manager To Execute All Necessary Funding Agreements Related Hereto Moved by Councilor Ingle that Ordinance No. 40 -2013 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 10a - Public Hearing The second and final public hearing to receive public comments concerning the proposed PY 2013 action plan of the consolidated plan to allocate FY 2013 Community Development Block Grant (CDBG) funds in the amount of $1,156,356, FY 2013 HOME Investment Partnership Program (HOME) funds in the amount of $325,444, and re- allocate $238,416 in FY 2011 HOME funds and $40,000 in FY 2011 CDBG funds. The Mayor declared the public hearing open at 9:18 a.m. Assistant City Manager, Kevin Hugman, addressed the council and provided a report regarding allocation of funds and services provided. This is the second and final public hearing to approve funding through the Community Development Block Grant program and HOME funds for Planning Year 2013. He reported that more in funding requests were received than were available. In funding requests a little over 1.7 million dollars in the CDBG funding was received and there is $1,196,356.00 available. To be eligible for funding HUD requires that projects and services meet one of three criteria - that they either benefit low or moderate income persons, aid in the prevention or elimination of slum and blight, or that it meets an urgent need to remove a serious and immediate threat to health and safety. The proposed funding through the CDBG program includes funding for senior citizens' services, for the Meals on Wheels program, Child Care Incorporated, subsidies for low income working families, Christmas in Action, which is home repair for low income elderly and disabled, funding for Building and Code Enforcement for demolition and clearance of structures, funding for Public Works for replacement of failing water lines and for concrete training crew, and minor and emergency repair program funding for low income home owners. The public hearing also allocates home funding in the amount of $325,444 and reallocation of fiscal year 2011 funding in the amount of $238,416. Services that are recommended under the HOME program include the first time home buyer program with minor repair and also affordable housing program mortgage buy down for Habitat for Humanity home buyers. CITY COUNCIL MINUTES PAGE 5 OF 10 Councilor Ingle asked, in terms of community development, if we found more money, if we wanted to do more community development, could more funds be allocated for demolition and demolish more older structures and accelerate the process. Mr. Hugman responded that all available funds for demolition are used. What typically ends up costing more is asbestos abatement and that is required when asbestos is found so that tends to drive up the cost. There are certainly more structures that could be demolished but cannot be done due to lack of funding. If more funding was allocated, it would have to come from the General Fund. Councilor Hoover stated that he is aware that when a demolition is ordered the cost is passed on to the homeowner in the form of a lien. He asked if there are additional costs that do not get passed on to the landowner. Mr. Hugman responded that the funding for demolition includes the actual demolition costs as well as those of Code Enforcement for administering that demolition program. The funding for demolition is not exceeded as far as the demolition costs. There is currently a bid package out that will be brought forward soon which will probably expend most of the remaining funds in this current year for demolition. City Manager, Darron Leiker responded to Councilor Hoover by adding that as far as any outside expense or expenses above and beyond this that the City is not reimbursed for, is generally captured because of the ability to allocate a block of funding for the actual demolition and asbestos abatement as well as some administrative costs. Generally, the attempt is made to work within the framework of funds that are available in CDBG and the City has not yet gone above that in allocated General Fund dollars for that. The City attempts to put a lien on the property and in some instances the lien doesn't cover all of the administrative costs and it can sometimes be years before the City sees any of that money but there is also interest that applies to the liens as well. The Mayor called for any additional comments from Council. There being none, the Mayor called for any public comments. There being none, the Mayor declared the public hearing closed at 9:25 a.m. Item 10b - Council Bill #124 RESOLUTION NO. 82 -2013 Resolution Approving The PY 2013 Action Plan Of The Consolidated Plan To Allocate FY 2013 Community Development Block Grant (CDBG) Funds In The Amount Of $1,156,356 And FY 2013 HOME Investment Partnership Program (HOME) Funds In The Amount Of $325,444, And Reallocating $238,416 In FY 2011 HOME Funds And $40,000 In FY 2011 CDBG Funds. Moved by Councilor Ward that Ordinance No. 82 -2013 be passed Motion seconded by Councilor Dotson and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None City Council recessed at 9:27 a.m. and reconvened at 9:45 a.m. Item 11a - Council Bill #125 ORDINANCE NO. 41 -2013 Ordinance Rezoning Lot 8, Block 25, Sibley Taylor, And The Adjacent Alley Right -Of- Way From Single Family -2 (SF -2) To General Commercial (GC) And Amend The Land Use Plan To Change The Area From Low Density Residential To Commercial. Moved by Councilor Smith that Ordinance No. 41 -2013 be passed. Motion seconded by Councilor Dotson and carried by the following vote. CITY COUNCIL MINUTES PAGE 6 OF 10 Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 11 b - Council Bill #126 ORDINANCE NO. 42 -2013 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept Up To $6 Million In Federal Aviation Administration Grants For The Construction Of Phase II Terminal Building Facilities At Wichita Falls Regional Airport And Appropriating Said Funds To The FAA Airport Improvement Grant 2013 Fund. Moved by Councilor Ward that Ordinance No. 42 -2013 be passed. Motion seconded by Councilor Dotson and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 11 c - Council Bill #127 ORDINANCE NO. 43 -2013 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept Up To $50,000 In Texas Department Of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds For FY 2014 Projects At Kickapoo Downtown Airport And Appropriating Said Funds And The City's Match Of $50,000 Into The Special Revenue Fund. Moved by Councilor Ingle that Ordinance No. 43 -2013 be passed. Motion seconded by Councilor Dotson and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 11 d -Council Bill #128 ORDINANCE NO. 44 -2013 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept Up To $50,000 In Texas Department Of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds For FY 2014 Projects At Wichita Falls Regional Airport And Appropriating Said Funds And The City's Match Of $50,000 Into The Special Revenue Fund. Moved by Councilor Dotson that Ordinance No. 44 -2013 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 12a -Council Bill #129 RESOLUTION NO. 83 -2013 Resolution Authorizing The City Manager To Execute An Agreement With The Museum Of North Texas History For Museum Related Display Floor Space At Wichita Falls Regional Airport. CITY COUNCIL MINUTES PAGE 7 OF 10 Moved by Councilor Smith that Resolution No. 83 -2013 be passed. Motion seconded by Councilor Dotson and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 12b - Council Bill #130 RESOLUTION NO. 84 -2013 Resolution Authorizing Expenditure By The City Of Wichita Falls Police Department From The Seized Funds Account In The Amount Of $68,413.79 For The Procurement Of Various Items Not Included In The FY 2012 / 2013 General Fund Budget. Moved by Councilor Ingle that Resolution No. 84 -2013 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Executive Session City Council went into Executive Session at 10:08 a.m. in accordance with Texas Government Code §551.071, §551.072, §551.074, and §551.087. City Council reconvened at 10:13 a.m. The Mayor announced that no polls or votes were taken during Executive Session. Item 12c - Council Bill #131 RESOLUTION NO. 85 -2013 Resolution Authorizing And Approving The Appointment And Reappointment Of Individuals To The Board Of Directors Of The Nortex Housing Finance Corporation For A Five -Year Term To Expire August 1, 2018. Moved by Councilor Ingle that Resolution No. 85 -2013 be passed. Motion seconded by Councilor Dotson and carried by the following vote. Ayes: Mayor Barham, Councilors Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 13 - Appointing Two Members To The Lake Wichita Study Committee Stephen Garner, Park Board Representative of the Lake Wichita Study Committee, addressed the Council to present discussion in favor of the appointment of Jennifer Simmons and Nicolas Brissette to the Lake Wichita Study Committee. Moved by Councilor Hoover to appoint Nicolas Brissette to Place 6 of the Lake Wichita Study Committee with term to expire when the Lake Wichita Study Committee is disbanded. Motion seconded by Councilor Smith and carried by the by the following vote. Ayes: Mayor Barham, Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None CITY COUNCIL MINUTES PAGE 8 OF 10 Moved by Councilor Ingle to appoint Jennifer Simmons to Place 9 of the Lake Wichita Study Committee with term to expire when the Lake Wichita Study Committee is disbanded. Motion seconded by Councilor Hoover and carried by the by the following vote. Ayes: Mayor Barham, Smith, Hoover, Dotson, Hooker, Ingle, and Ward Nays: None Item 14a - Staff Council Discussion There were no Staff reports. Item 14b — Discussion Of Items of Concern To Members Of The City Council Members of the City Council presented the following matters. Councilor Dotson expressed a concern to John Burrus about an apartment complex that has a fenced area with a cement barrier causing a visual obstruction for traffic pulling out. She also stated the striping on Flood Street needs to be taken care of. Councilor Ward received a request for sidewalks between Wal -Mart, going down toward the trailer park on City View Lane. She added that it is just country road at that location and there are buildings on the other side but there is nothing to keep people out of the street and she would appreciate it if Mr. Burrus could look into that. Councilor Ingle set forth various ideas for strategic plan implementation regarding water usage as an economic development issue and working in conjunction with local groups and non - profit organizations for enhanced community development. Councilor Hoover expressed gratitude to the staff. Last week he had a citizen in his District contact him about a couple of different issues and he contacted several staff members and quickly had multiple email responses and exchanges and the issues were resolved, or at least the citizens involved received the information that was needed, so he wanted to thank the staff for their quick response. The Mayor requested Russell Schreiber give an update on the street projects. Mr. Schreiber stated that there has recently been some press releases sent out regarding Kemp Street, the contractor is preparing to immobilize into that area. The current plan is to break a long section of Kemp Street into two different sections, focus on that section from Callfield to Maplewood, make the base repairs in there and then repair the two outside lanes and then likely finish that section of Kemp before they move northward just the make sure the process is going to work and the sequence is going to work. Right now the contractor is planning to work as much as possible at night on the outside two lanes to eliminate disruption of affected businesses as much as possible. Mr. Schreiber requested everyone to be very conscientious of traffic control on Kemp Street for the next month or month and a half while the contractor is there. He added that other than that, the project is moving along pretty well. The Mayor asked if Beefeater Drive and Gladney Lane were on that rehab project. Mr. Schreiber responded that they may have been but quantities are being watched extremely close and we may end up having to take off some of those smaller streets in the end to make up for the Kemp Street project. Items 15a -15d — Executive Sessions City Council went into Executive Session at 10:40 a.m. in accordance with Texas Government Code §551.071, §551.072, and §551.087. City Council reconvened at 11:54 a.m. The Mayor announced that no polls or votes were taken during Executive Session. CITY COUNCIL MINUTES PAGE 9 OF 10 Item 16 - Admourn City Council adjourned at 11:56 a.m. PASSED AND APPROVED this 264 day of 44J641 5 " 2013. ATTEST: dw� 01.f Renae nham, Acting City Cferk G-'O"'Akz� Glenn Barham, Mayor CITY COUNCIL MINUTES PAGE 10 OF 10